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图书目录： Introduction
Chapter 1 A preliminary sketch The power of legal positivism Chapter 2 The idea of interpretation Interpretation versus description and 'normativity' Interpreting law and saying what it ought to be The object of interpretation Interpreting law Making the best moral sense of law Concepts and conceptions of law The concept of law Between justice and fairness A word on 'coherence' Nuances in ideal worlds Chapter 3 Integrity and legal argument 'Substance' and 'fit' and the chain novel The common law and 'gravitational force': the drive behind analogy Principles and policies Rights and utilitarianism The different kinds of rights The interpretive character of the common law The right to damages for emotional distress Law as argument and the implications for legal education Chapter 4 Integrity and community Moral integrity and evil legal systems Community and legitimacy Four conceptions of community Community and democracy Principles of democracy The right to choose at life's edges Judicial review of legislation Chapter 5 The plain fact view of law The appeal of plain facts Plain facts and legal rules Law as orders only Law as a prediction of judges' orders Legal positivism and plain fact The rule of recognition and how judges decide the law A return to plain facts Chapter 6 Objectivity in law and morality Lord Deviir: and taking a moral position Convention and consensus as bases for morality Reflective equilibrium and the duty to create 'Ties' and indeterminacy The 'critical' and 'sceptical' views 'Knock-down' arguments The criteria of truth Neutrality between different points of view The appeal of austerity Not 'no right answer' by default A short summing up Chapter 7 Hard cases I Hard cases as penumbral cases The consequences for adjudication Judicial legislation Judges' talk Retrospective legislation Can principles be identified by the rule of recognition? Original intention Neutrality Judge Robert Bork The right to privacy The concept of legislative intention Constitutional arguments about abortion Summary Chapter 8 Hard cases II Conventionalism Co-ordination as a reason for conventions The real problem with conventionalism The flexibility of pragmatism Pragmatism and rights The pivotal significance of hard cases Different senses of judicial discretion Discretion analysed A.second 'weak' sense of discretion The death of the plain fact account of hard cases Integrity and equality Chapter 9 Treating people as equals The moral force of equality Equality and utilitarianism: double counting Equality versus utilitarian economics: the Chicago school Equality and legal argument The edges of Life I: abortion The edges of life II: euthanasia A brief summary Chapter 10 Equality. of what? The argument for equality of resources: the unintelligibility of equality of welfare The idea of 'reasonable regret' The economics of equality of resources The auction The hypothetical insurance market Liberty and equality. A note on convictions Methodology: the bridge argument and the market baseline A theory of improvement Conclusion Chapter 11 The basis of liberalism What is liberalism? Discontinuity theories Liberalism as continuous with our personal morai convictions Political equality Back to equal resources Critical well-being The worthwhile life More distinctions Justice and the worthwhile life A short summing up of Dworkin's theory of law and morality Bibliography of Ronald Dworkin Index |
